University of Southern California

Volume 81, Number 6 (September, 2008)

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    Corporate Law Preemption in an Age of Global Capital Markets
    Article by Chris Brummer

    At the heart of the extensive literature on corporate-law federalism is the belief that federalism engenders regulatory competition and federalization eliminates it. Federalism, a mode of governance where states act as providers of corporate law, is said to drive states to compete for charters. By contrast, federalization, which occurs when the federal government promulgates law, preempts state-level competition. Consequently, scholars who believe that regulatory competition promotes the provisi...

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    The Right Not to Be a Genetic Parent?
    Article by I. Glenn Cohen

    Should the law recognize an individual’s right not to be a genetic parent when genetic parenthood does not carry with it legal or gestational parenthood? If so, should we allow individuals to waive that right in advance, either by contract or a less formal means? How should the law’s treatment of gestational and legal parenthood inform these questions? Developments in reproductive technology have brought these questions to the fore, most prominently in the preembryo disposition cases a number of...

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    What History Teaches Us About Copyright Injunctions and the Inadequate-Remedy-At-Law Requirement
    Article by H. Tomás Gómez-Arostegui

    The Supreme Court has held that, as a general matter, an injunction cannot issue if there is an adequate remedy at law. This follows, according to the Court, because the standard for when injunctions may issue derives directly from the practice of the English Court of Chancery around 1789, which followed the same principle. This Article argues that the Supreme Court’s reading of general Chancery custom is inapposite in copyright cases. The historical record shows that legal remedies were deemed...

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    The Unabomber Strikes Again: An Investigation into Whether the Victim and Witness Protection Act of 1982 Violates the First Amendment or Conflicts with the Copyright Act of 1976
    Note by Michael B. Norman

    Over a decade after being arrested in a western Montana cabin, Theodore Kaczynski is once again grabbing headlines. Although he is currently in a federal maximum-security prison serving the life sentence that he received for committing the Unabomber crimes, Kaczynski is now engaged “in a legal battle with the federal government and a group of his victims over the future of [his] handwritten papers.” The government has proposed selling “sanitized versions of the materials” via an Internet auction...

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    Postpetition Interest on Unsecured Claims in the Case of a Solvent Debtor: Toward a More Consistent Statutory Regime
    Note by Alexander F. Porter

    One important rule of the Bankruptcy Code is that a creditor generally is not entitled to receive interest on a claim that accrues after the date when the bankruptcy petition is filed. As with most general rules, however, there are several exceptions to this ban on postpetition interest, one of which is that postpetition interest may be allowed in certain cases when the debtor is solvent. This exception is expressly codified in § 726(a)(5) of the Code, which evinces a policy in favor of requirin...

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